Ramon Agueda Rodriguez v. United States

This is a Federal Tort Claims Act suit against the United States, 28 U.S.C. § 1346(b). Plaintiff’s car was struck by a Navy vehicle driven on an alleged errand of “mercy” by an intoxicated off-duty serviceman. The court dismissed the complaint, 328 F.Supp. 1389, and plaintiff appeals.

Briefly the facts were these. One Brasselton, a naval petty officer, was stationed in Puerto Rico. On the evening of April 4, 1971 his wife telephoned from the States, and being unable to reach him, left word that it was urgent that he return the call. Brasselton was off duty. His roommate, Ward, was also off…